AB 1609

Existing law prohibits a person from using a bot, as defined, to mislead another person about the bot’s artificial identity to incentivize the purchase or sale of goods or services, among other things. Existing law requires an operator of a companion chatbot, as defined, to provide a disclosure regarding the companion chatbot’s artificial identity if a reasonable person interacting with the companion chatbot would be misled to believe that the person is interacting with a human. This bill would prohibit an operator of a customer service chatbot available to a person in this state from representing that a customer service chatbot is a human. The bill would also require the operator to provide certain disclosures if a reasonable person interacting with the chatbot would be misled to believe they are interacting with a human. The bill would require an operator of a large online business, as specified, to provide consumers with human customer service support and communications within 5 minutes of requesting human customer service. The bill would impose certain specific requirements on telephonic customer service platforms and online customer service platforms. The bill would require certain operators to offer a telephonic customer service platform and post prescribed contact information on their website. The bill would require an operator to establish and maintain a process for complaints regarding the customer’s inability to obtain assistance from a customer service agent. The bill would authorize the Attorney General or a district attorney to enforce these provisions, and would make an entity that engages in a pattern or practice of violating these provisions liable for a penalty of up to $10,000. The bill would authorize the Attorney General to adopt regulations for these purposes, as specified. The bill would waive its requirements during a state of emergency or extraordinary circumstances, as specified. The bill would define terms for these purposes.